## Facts

- A nonprofit foundation organized a televised charity event intended to benefit its work connected with historic sites.
- Salvador Dalí allegedly orally agreed to appear on live television, paint an original Statue of Liberty work during the broadcast, and donate the finished painting to the foundation.
- Dalí allegedly represented that the painting would be worth about $25,000.
- Relying on Dalí’s commitment, the foundation spent more than $250 to stage and publicize promotional events for the broadcast.
- At a promotional event, Dalí publicly announced his intention to participate in the televised program and create the painting for the foundation.
- Dalí later refused to participate; the broadcast was canceled; no painting was created or delivered.
- The foundation sued for breach of the alleged oral contract.
- Dalí moved for summary judgment, arguing (i) no enforceable contract was formed and (ii) U.C.C. § 2-201 barred enforcement of an oral agreement involving a high-value artwork.

## Issues

1. Whether Dalí’s oral commitment and public statements, together with the foundation’s promotional expenditures, could constitute an enforceable contract rather than a gratuitous promise or preliminary expression of intent.
2. Whether the alleged agreement was a “contract for the sale of goods” governed by U.C.C. Article 2 and, if so, whether U.C.C. § 2-201 required a signed writing to make it enforceable.
3. Whether the transaction’s dominant character (charitable publicity performance plus creation of art) prevented rigid application of the U.C.C. statute of frauds at the summary-judgment stage.

## Decision

- The court denied Dalí’s motion for summary judgment.
- The court treated the alleged oral agreement as potentially enforceable notwithstanding the absence of a signed writing.
- The court concluded that, at minimum, disputed facts existed about contract formation and whether the U.C.C. statute of frauds applied in the manner Dalí asserted.

## Legal Principles

- Summary judgment is inappropriate where the evidence could support a finding of mutual assent and consideration, including reliance expenditures and outward manifestations of commitment.
- An artist-related arrangement may involve mixed obligations (performance/publicity plus creation and transfer of artwork), which can complicate characterization as a straightforward Article 2 “sale of goods.”
- U.C.C. § 2-201 does not automatically dispose of every oral agreement involving artwork when the transaction plausibly centers on non-sale elements and the record supports triable questions concerning enforceability.

## Conclusion

The court allowed the foundation’s breach-of-contract claim to proceed by denying summary judgment, holding that the alleged oral charity-telecast arrangement—including Dalí’s live participation and the foundation’s reliance—raised triable questions about contract formation and whether U.C.C. § 2-201 barred enforcement.


Nat’l Historic Shrines Found., Inc. v. Dali, 4 U.C.C. Rep. Serv. 71 (N.Y. Sup. Ct. 1967)